[E-trademarks] Modular Product Design

[Edward Timberlake]

One suggestion might be to try to avoid the tendency of talking about the
mark in terms of what it does and start thinking about how an entire
application for registration could be drafted so as to support the thesis
that the mark is appropriate for registration (which is to say capable of
indicating a single source and not barred by statute).

To this end, it'd likely be helpful to look at lots of records of live
federal trademark registrations (based on use in commerce) on the Principal
Register, with particular attention to the descriptions of marks and
drawings.

A search query along these lines might be a fun place to start:

MD:2 AND CB:1a AND RN:* AND LD:true AND DE:configuration


Sincerely,

Ed Timberlake
*Board Certified Specialist in Trademark Law
<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*

*Timberlake Law* <http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity <https://clarity.fm/edtimberlake>
ed at timberlakelaw.com
919.960.1950








On Tue, Jul 9, 2024 at 1:34 PM Michael Eshaghian via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Hi everyone, I have a client who wants to register a trade dress (product
> design) for a modular product. The product has a base (which is not
> distinctive), and 2 of 3 distinctive modules can be used at any one time
> (or the same module can be used twice). I would appreciate suggestions on
> best practices or suggestions in this scenario.
>
>
>
> *Michael Eshaghian*
>
> Attorney
>
>
> *Mesh IP Law, PC*
>
> 5632 Van Nuys Blvd. #1395
>
> Van Nuys, CA 91401
>
> (213) 357-5668 call & text
>
> michael at meshiplaw.com
>
> www.MeshIPLaw.com <http://www.meshiplaw.com/>
>
>
>
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